PATENT ACT ARRANGEMENT OF SECTIONS. Record of Deeds, Wills and Patents

Transcription

1 RECORD OF DEEDS, WILLS AND LETTERS PATENT 1 THE RECORD OF DEEDS, WILLS AND LETTERS 1. Short title. PATENT ACT ARRANGEMENT OF SECTIONS Record of Deeds, Wills and Patents 2. Deeds recorded within three months after execution valid to pass freehold without livery, etc. 3. Patents to be enrolled within a limited time. Records to be Evidence 4. Records to be sufficient evidence. 5. Exemplifications of wills made in Great Britain or Northern Ireland, etc., after probate to be sufiicient evidence. Deeds to be Recorded within certain Time 6. Deeds to be recorded within ninety days, otherwise to be void against purchasers for valuable consideration. 7. Saving clause. 8. Deeds made out of the Island to be enrolled within a limited period otherwise to be void as above. Entry of Satisfaction by Mortgagees 9. Mortgagees having been paid, to enter satisfaction. Selling or Mortgaging Land Twice over without Notice 10. Penalty on persons selling, etc., the same land twice over. Record or Probate of Wills of Realty since 1841 Evidence 11. Records of wills executed since 1841, and probate of wills to be evidence in respect of real estate. me inclusion of this page is authorized by L.N. 480/1973]

2 RECORD OF DEEDS, WILLS AND LETTERS PATENT 3 THE RECORD OF DEEDS, WILLS AND LETTERS PATENT ACT [I 681.I Cap- Act jjq. 7 of This Act may be cited as the Record of Deeds, Wills shorttitle. and Letters Patent Act. Record of Deeds, Wills and Patents 2.41) A deed made in due form of law and within three zg;ed months after the date thereof acknowledged by the party withinthree months after or parties that grant the same or proved by the oath of one exeation sufkcient witness or more in accordance with law, and, ~ ~ ~ ~ ~ J a P r recorded at length in the Record Office within the said three without livery, etc. months, shall be valid to pass the same without livery, seisin, attornment, or any other act or ceremony in the law whatsoever. (2) No deed made after the year 1681 without such acknowledgment or proof and recording, shall be sufficient to pass away any freehold or inheritance, or to grant any lease for above the space of three years. 3.-(I) All patents granted after the year 1681 shall be P atents to enrolled within six months after the sealing such patents; within a which enrolments, as likewise all such as are already there enrolled, shall be good and valid in the law, notwithstanding any clause inserted in the said patents directing the contrary. (2) Every such patent sealed under the Broad Seal of this Island, and recorded in the Record Office, shall evidence the patentee s just right and title to all and every parcel of land, tenements, hereditaments or other things in the said patent granted, and be a good bar to the right and title of Her Majesty, her heirs and successors. [The inclusion of this page is authorized by L.N. 60/1976] be enrolled limited time.

3 4 RECORD OF DEEDS, WILLS AND LETTERS PATENT s. 2. Records to be sufficient evidence. Exemplifications of wills made in Great Britain or Northern Ireland, etc., after probate to be sufficient evidena. (3) The provisions of this Act shall not apply in respect of letters patent for inventions granted under the Patent Act after the 1st day of April, Records to be Evidence 4. The records of any letters patent enrolled in the Record Office; and the records of any deeds duly executed and proved or acknowledged and enrolled in the Record Office or other proper place of enrolment as provided by any enactment; and the record or enrolment of any last wills and testaments duly executed according to law and proved, shall at all times hereafter be deemed, judged, and taken as sufficient evidence of the several persons titles to any lands, tenements, hereditaments, or estates whatsoever, real or personal, claimed under the said patents, deeds, conveyances, or wills; and the same shall be read and allowed in every court within this Island as if the original patents, deeds, conveyances or wills were actually produced, proved, and read in all and every the said courts. 5. The exemplification of all wills made in Great Britain or Northern Ireland, or any other part of the Commonwealth, and sent ovcr to this Island, attested as such (after probate thereof made according to law in the said part of the Commonwealth) under the seal of the respective proper authorities in England or Northern Ireland, or of such other part of the Commonwealth, and afterwards recorded or enrolled in this Island, shall be good and sufficient evidence, and read and allowed as such, of the title of the party or parties claiming or to claim any lands, tenements, hereditaments, or estate whatsoever under such will or testaments so exemplified respectively, in every court within this Island, anything in this or any other enactment to the contrary in anywise notwithstanding : Provided that this section shall not apply to the wills of persons who shall die after the 31st day of July, [The inclusion of this page is authorized by L.N. 60/1976]

4 RECORD OF DEEDS, WILLS AND LETTERS PATENT 5 Deeds to be Recorded within certain Time 6. All and every deed or deeds which shall be made or Deedstobe recorded executed within this Island for any lands, tenements, or withinninety days, otherhereditaments whatsoever shall be duly proved or acknow- wise to be ledged, and recorded, within ninety days after the date or voidagainst urchasers dates of such deed or deeds, otherwise to stand void and of P or valuable considerano effect against all other purchasers or mortgagees bona tion. fide for valuable consideration of the said lands, tenements or hereditaments, who shall duly prove and record their deeds within the time prescribed by this Act from the dates of their respective deeds. 7. If any vendee or mortgagee of any lands, tenements Saving clause. or hereditaments shall hereafter omit to prove and record his deed within the time, and pursuant to the form, prescribed by this Act, but shall at any time afterwards do the same, no second sale or mortgage being made by the first vendor or mortgagor, his heirs, or assigns, the same shall nevertheless be good to the said vendee or mortgagee, his heirs or executors, and a perpetual bar against the first vendor or mortgagor and his heirs, anything in this Act, or any other enactment, to the contrary notwithstanding. 8. All deeds and conveyances made and executed out of Deedsmade out of the this Island for any lands, tenements or hereditaments within bl and to be enrolled this Island, shall be duly proved, acknowledged, or recorded within a within twelve calendar months after the dates of such deeds ~~o~otheror conveyances, and within ninety days after the arrival of wise to be void as the ship which brought the same, otherwise to stand void above. with respect to other purchasers or mortgagees bona fide for valuable consideration as aforesaid; but still to preserve and maintain a right and title against the vendor or mortgagor, and his or their heirs, in case the first vendee or mortgagee shall at any time duly prove and record his or their deeds or conveyances, no second or other deed or conveyance being in the meantime proved or acknowledged me inclusion of this page is authorized by L.N. 480/1973]

5 6 RECORD OF DEEDS, WILLS AND LETTERS PATENT Mortgagees having been paid, to enter satisfaction. and recorded or enrolled in favour of any other person or persons as aforesaid, any law, custom, or usage to the contrary notwithstanding. Entry of Satisfaction by Mortgagees 9. Any mortgagee of any lands, tenements, real or personal estates whatsoever, within this Island, having received full satisfaction and payment of all such sum and sums of money as are really due to him by such mortgagor, shall, at the request of the mortgagor, enter satisfaction upon the margin of such mortgage, recorded or to be recorded in the Record Office which shall for ever hereafter discharge, defeat, and release the same, and shall likewise perpetually bar all actions brought or to be brought thereupon in any court of record within this Island; and if such mortgagee shall not, within three months after request and tender made for his reasonable charges, repair to the Record Oace or other proper office and there make such acknowledgment as aforesaid, he, she, or they so refusing shall, for every such offence, forfeit and pay unto the party or parties aggrieved the sum of one hundred dollars, to be recovered in any court of record within this Island. Penalty on persons selling, etc., the same land twice over. Selling or Mortgaging Land Twice over without Notice 10. If any vendor or mortgagor of lands, tenements, or hereditaments within this Island shall presume to execute a second or other deed of conveyance or sale of the same lands, tenements or hereditaments other than to the first vendee of such lands, tenements, or hereditaments, or a second or other deed of mortgage without having taken notice in the said deed of mortgage of the first or prior mortgage or mortgages with which the said lands, tenements, or hereditaments stand charged at the time of executing the said deed, all and every person and persons so offending shall be tried and punished, and subject to the like forfeitures and penalties, as by the me inclusion of thii page is authorized by L.N

6 RECORD OF DEEDS, WILLS AND LETTERS PATENT 7 laws of that part of Great Britain called England is provided against all such persons as shall execute deeds of mortgage without taking notice of all prior mortgages made. Record or Probate of Wills of Realty since I841 Evidence 11. The record of any will made on or since the first day Records of wills of January, 1841, proved before the twenty-seventh day of executed November, 1884, and on which letters testamentary have since 1841, and probate issued according to the practice of the courts of this Island of wills to be evidence in for the time being, and the probate of any such will granted respectof before such date or thereafter granted, and the record of any such will or probate recorded in the Record Office,shall be, until the same shall be set aside or revoked, conclusive evidence of the contents of the said will, and of its due execution, as well in so far as it disposes of or affects real estate as it disposes of or affects personal estate. [Tbe inclusion of this page is authorized by L.N. 480/1973]